Sec.498 A , 306 of I.P.C. – DISCHARGE OF REST OF ACCUSED – NO CASE AGAINST RELATIVES OF HUSBAND – ADDITIONAL SESSIONS JUDGE DISCHARGED THEM – HIGH COURT CONFIRMED – APEX COURT ALSO CONFIRMED AND DISMISSED THE APPEAL = Whether it is quashing of an FIR or a Charge-Sheet, or summoning a party under Section 319, CrPC, this … Continue reading
Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition – Apex court confirmed the High … Continue reading
Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = The Sessions Court, after hearing the parties and considering the oral and documentary evidence, found the accused persons guilty of the offence punishable under Section 307 read with Section 34 IPC, but acquitted them … Continue reading
whether under Section 154 CrPC, a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) has an option, discretion or latitude of conducting some kind of preliminary inquiry before registering the FIR.= In view of the aforesaid discussion, … Continue reading
NDPS Act = Search and seizer is a mandatory under sec.42 and sec.50 = but when police officer himself summoned DSP who is an acting DSP with out DSP rank then the Balbir singh principle not apply Lower court and High court committed grave error – Apex court set aside = Balbir … Continue reading
Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = whether the criminal proceedings could or should have been continued against his parents, namely Vidyasagar and Narasamma, who had preferred a Discharge Petition under Section 227 of the Code of Criminal … Continue reading
Reduced the sentence from life to 10 years in sec. 304 B IPC applying the participles laid down in commuting death penalty to life imprisonment, even though there is no guide lines and separate rules for lessor sentences – other than death sentences ; Apex court held that same principles laid down in death cases- would … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40838 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1542 OF 2013 (ARISING OUT OF SLP (CRL.) NO. 4654 OF 2005) Poongodi & Anr. … Appellant(s) Versus Thangavel … Respondent(s) J U D G M E N T RANJAN GOGOI, J. … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40594 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2302 of 2010 Gian Chand & Ors. …Appellants Versus State of Haryana …Respondent J U D G M E N T Dr. B.S. Chauhan, J. 1. This appeal has been filed against the judgment and order … Continue reading
published in http://judis.nic.in/supremecourt/filename=40477 Page 1 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 808 OF 2013 (Arising out of S.L.P. (Crl.) No. 9434 of 2011) Nishant Aggarwal …. Appellant(s) Versus Kailash Kumar Sharma …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) Leave granted. 2) The question … Continue reading